§47-761.

§47-761.
   
   A. Any person who operates a motor vehicle while his ability to
   operate such motor vehicle is impaired by the consumption of alcohol,
   or any other substance, other than alcohol, which is capable of being
   ingested, inhaled, injected or absorbed into the human body and is
   capable of adversely affecting the central nervous system, vision,
   hearing or other sensory or motor functions shall be subject to a fine
   of not less than One Hundred Dollars ($100.00) nor more than Five
   Hundred Dollars ($500.00), or imprisonment in the county jail for not
   more than six (6) months, or by both such fine and imprisonment.
   
   B. Upon the receipt of any person's record of conviction of driving
   while impaired, when such conviction has become final, the Department
   of Public Safety shall suspend the driving privilege of such person,
   as follows:
   
   1. The first suspension shall be for thirty (30) days;
   
   2. The second suspension shall be for a period of six (6) months. Such
   suspension shall not be subject to modification; and
   
   3. The third or subsequent suspension shall be for twelve (12) months.
   Such suspension shall not be subject to modification.
   
   Provided, however, the Department shall not suspend such privilege
   pursuant to this subsection if said person's driving privilege has
   been revoked based upon a test result or test refusal pursuant to
   Section 753 or Section 754 of this title arising from the same
   circumstances which resulted in the conviction.
   
   C. The violations as set out in this section shall not be bondable
   under Section 1115.3 of Title 22 of the Oklahoma Statutes.
   
   D. Any person who is found guilty of a violation of the provisions of
   this section or pleading guilty or nolo contendere for a violation of
   any provision of this section shall be ordered to participate in,
   prior to sentencing, an alcoholism evaluation program offered by a
   facility or qualified practitioner certified by the Department of
   Mental Health and Substance Abuse Services for the purpose of
   evaluating the receptivity to treatment and prognosis of the person.
   The court shall order the person to reimburse the facility or
   qualified practitioner for the evaluation. The Department of Mental
   Health and Substance Abuse Services shall establish a fee schedule,
   based upon a person's ability to pay, provided the fee for an
   evaluation shall not exceed Seventy-five Dollars ($75.00). The
   evaluation shall be conducted at a certified facility, the office of a
   qualified practitioner or at another location as ordered by the court.
   The facility or qualified practitioner shall, within seventy-two (72)
   hours from the time the person is assessed, submit a written report to
   the court for the purpose of assisting the court in its final
   sentencing determination. If such report indicates that the evaluation
   shows that the defendant would benefit from a treatment program, the
   court shall, as a condition of any sentence imposed, including a
   deferred sentence and a suspended sentence, require the person to
   participate in an alcohol and drug substance abuse treatment program
   at an approved treatment facility as defined by Section 3-403 of Title
   43A of the Oklahoma Statutes. No person, agency or facility operating
   an alcohol and drug substance abuse evaluation program certified by
   the Department of Mental Health and Substance Abuse Services shall
   solicit or refer any person evaluated pursuant to this section for any
   treatment program or alcohol and drug substance abuse service in which
   such person, agency or facility has a vested interest; however, this
   provision shall not be construed to prohibit the court from ordering
   participation in or any person from voluntarily utilizing a treatment
   program or alcohol and drug substance abuse service offered by such
   person, agency or facility. Any evaluation report submitted to the
   court pursuant to this subsection shall be handled in a manner which
   will keep such report confidential from the general public's review.
   Nothing contained in this subsection shall be construed to prohibit
   the court from ordering judgment and sentence and any other sanction
   authorized by law for failure or refusal to comply with an order of
   the court. As used in this subsection, "qualified practitioner" means
   a person with at least a bachelor's degree in substance abuse
   treatment, mental health or a related health care field and at least
   two (2) years' experience in providing alcohol treatment, other drug
   abuse treatment, or both alcohol and other drug abuse treatment who is
   certified each year by the Department of Mental Health and Substance
   Abuse Services to provide these assessments.